I could write a long story about a corrupt and dishonorable courtroom. A judge who failed at her duty to unsure that justice is sought, and to protect the justice of citizens. A malicious and conscienceless district attorney who engrossed charges to seek a trumped-up conviction and a court appointed trail attorney who trampled his client’s rights and sabotaged his clients defense in every aspect of his duty to “serve and protect.” But here I’m going to make this story more about the immortality that exists within the justice system. The lack of proportionality in sentencing convicted criminals. The overzealousness of DA’s who have no interest in seeing that justice is done, and the purpose of the prison system.
I was forced to go to trial in May 2007 on exaggerated charges of Aggravated Assault on A Peace Officer. From the outset of an overzealous DA sought to take my life away. Prospectors said, I would either give them an open plea and accept whatever amount of time that they wanted to give me or I could go to trail and most likely get the maximum sentence. So, due to their lack of evidence and fact that the charges were gravely engrossed I opted for trial. At that time, I believed in the justice system and I knew that the evidence would show that no assault or anything that could be perceived as assault had occurred at any point during the pursuit. What I did not realize is that this testimony would be ignored by their judge and the DA and that they would pervert the lines of justice despite what the evidence showed. I also didn’t realize that may the court-appointed trial lawyer would be helping them to seek my conviction by providing the only evidence linking me to the crime and sabotaging my defense every step of the way. But even if they proved that I committed the crime that day, they still would have never proved that an assault had occurred and thus they never justified the life sentence that I was given for my first felony convicted.
I was accused of taking the Tyler DPS on a high-speed purist in Smith County, Texas. The DA’s alleged that during the purist I assaulted Trooper Robert Johnson by driving my car in his direction. But this State Trooper never felt like his life was in danger and that exactly what he said on the stand and testified to. But these malicious DA’s ignored his testimony and still sought a conviction on these highly engrossed charges. I will show you some of Robert Johnson’s testimony directly quoted from the record and then you can be the judge if whether or not the burden of proof was met for an Aggerated Assault conviction and whether or not it warrants a life sentence. Remember that a prison sentence is meant to be proportional to the crime that occurred. Never did this Trooper say that I used my car as a weapon or that I tried to run him down like the DA’s portrayed! Under questioning from my court appointed lawyer, Melvin Thompson (M.T) here’s some direct testimony from Robert Johnson(R.J):
M.T: “The car must’ve been pretty close to you for you to have to dive out of the way?”
R.J: “I didn’t dive I just ran.”
M.T: “You just sort of got out of the way?”
R.J: “Yes sir.”
M.T: “Well, at that point in time you said that you were your vehicle on the side of the road. You took evasive action toward the rear of your vehicle. If you were standing on the side of the road behind your vehicle and the (suspect) vehicle was in the road, you were no longer in danger.” (prostraters object because they know the answer will hurt their slanderous campaign of trying to make me look like a cop killer) (The judge overrules the objection and allows R.J to answer.)
R.J: “He was no longer… I was no longer in danger of being hit, no sir.”
M.T: “Well you were running you ran over to the back of the vehicle before the (suspect) vehicle got to you.”
R.J: “Yes sir that’s correct.”
My lawyer went on to speak about deadly force and how Trooper Johnson would’ve used deadly force against the suspect if he had felt that he was threated or that his life was in danger. Trooper Johnson did fire his weapon in an attempt to shoot out his tires and my lawyer made the point that Trooper Johnson would’ve been shooting at the driver, rather than the tires if he had felt that the suspect tried to run over him and he agreed, more testimony showed this:
M.T: “You would have had to cross the entire other lane of the highway in order to get out of the way of the car.
R.J: “A big part of it, yes sir.”
M.T: “Well you didn’t have to but that’s where you were retreating to.”
R.J: “Yes sir.”
M.T: “Now at what pint did the car swerve out of its lane in an effort to run you down?”
R.J: “Sir, I do not believe he ever swerved out of his lane to try to run me down.”
M.T: “He never tried to get tout his lane or cross over the middle section of the lane to hit you?”
R.J: “Not that I could tell no sir.”
M.T: “Well did he come close to your cruiser in an effort to do you some harm?”
R.J: “No sir, not that I could tell.”
Now that we have read this direct testimony we should ask if this was an Aggerated Assault on A Peace Officer and should it be punished by a life sentence? This testimony was pretty clear cut and to the point. No one was hurt, no damage was done, and the officer testified that he was not in danger of being hit. What part of that testimony could justify giving someone a life sentence, especially for a first felony convicted. Does this sound like justice? Why would the DA and judge ignore this testimony and pervert justice in such a way? This immorality is very prevalent in our justice system!
Now this crime is considered a violent crime despite the lack of evidence to show that any violence occurred. Therefore, I must do at least 30 years flat before I come up for my first parole. Evading arrest, which the only crime committed on that day, only carries a maximum of 2-year prison sentence. I know of many people who have raped, molested and murdered yet they were sentenced to much less time than I was! There was clearly no victim in this crime and the testimony plainly exonerates me from any violent offense but I was still pursued by those overzealous DA’s as if I were a serial killer! I know a guy who led police on a chase rammed several police cars with his vehicle was already a convicted criminal, yet he received a 20-year sentence (in the same county). What is fair or proportional about his situation in comparison to mine? A lot of times theses DA’s and judges greatly distort the lines of justice because they know they can get away with it. I believe I was punished for exercising my right to a trial. If I would’ve done and open plea then they probably would not have sought the maximum sentence against me but, then again, they could have but at that time I refused to plea out to an engrossed charge that I knew I was 100% innocent committing.
So, I wrote this story for the interest of justice… to show the cold hard truth about the flaws and immorality within our justice system. Maybe someone with an interest in seeing justice done will see this an act. This is a battle that must be fought or many lives will become victims of the system. Even if I’m unable to find justice in my situation sharing this simple story will be worthwhile to me if I can prevent this from happing to others. The purpose of the prison system is to punish and rehabilitate the people who have been breaking the law and haven’t been functioning well in society. Taking someone’s life for related minor offense leaves no room for rehabilitation. What happened to second chances? I may have to spend 21 more years here because a judge and DA perverted justice. How can one or two have such extreme authority and control over the life of another without some type of oversight committee to make sure that things like this don’t happen. All human rule is susceptible to error. These judges and DA’s are no different. These officials should be held accountable when they commit such atrocities. What they did to me is almost like murder. They took my life and took me away from my family. Granted my actions are intimately responsible for sending me to prison but nothing I’ve ever done could warrant the amount of time that I was sentenced to. There was lack of morals and conscience displayed in the courtroom on my day of judgement and no remorse has been shown on behalf of the system. So, whose crime was worse? A man who ran from police or a judge and DA who unjust fully took the life of a man for a crime that only warrants a 2-year prison sentence?
I firmly believe that all criminals should be punished. But I also believe that they should be entitled to a fair trial and a sentence that is proportional to the crime they committed. My whole trail was a scam and my rights were trampled by my lawyer judge and DA... The judge and DA understood I was threatened by 2 witnesses against me, yet they allowed each of these people to get away with these threats without any repercussion. One witness openly threatened to cut my head off in the courtroom and another wrote a letter threating to my unborn child. Now how is that fair by any means? My grievance rally isn’t about my trail though. It’s about injustice and the lack of proportionality in sentencing. My time doesn’t correlate with the testimony that was given. Do morals exist in the justice system? Well they didn’t in this courtroom. I know there are many more people with stories like mine who have the trail transcript to prove it. But were powerless on this side of the fence. The Appeals Courts are just as immoral as the lower courts. They’ll lie and distort the facts just as much Most people turn a blind eye to the corruption that exists in the justice system because it has not affected them directly. But it’s easy to take that fall and find yourself as prey for some vicious and unrelating DA’s... When you do it, it will be too late to try to fix the problem, something must be done..

1) whoever put it up really SHOULD have had someone proof it- the spelling errors are frequent and repeat themselves

2) I am curious about the Aggravated Perjury charge that is keyed to the date of the writ hearing

3) The trial record supports the rational juror which means that an appellate court is not going to touch the verdict. Going to a jury in East Texas when you point a speeding vehicle at a DPS Trooper is the height of stupidity...jurors live in the community. They don't want people back in their midst anytime soon when they point a loaded weapon at law enforcement, and that is precisely what occurred here.